Description
This book summarizes around 200 most recent patent administrative litigation cases concluded by the Intellectual Property Court of the Supreme People's Court of China in the form of restatements. It discusses the similarities and differences in claim construction, full disclosure, definiteness of claims, nature of reexamination and ex officio review in the context of recent patent administrative litigation cases. It is conducive to the implementation of unified review standards and achievement of a fair trial by using typical cases as guidance in the application of patent law. This book could be used as a reference book for judges, researchers, and practitioners.
Table of Contents
Claim Construction.- Patentable Subject Matter.- Utility.- Full Disclosure.- Definiteness of Claims.- Prior Art in References.- Novelty.- Nonobviousness.- Whether Claims are Supported by the Description or Not.- Claims Lacking Necessary Technical Features.- Amendments beyond Scope.- Procedural Issues.- Issues Related to Designs.- Conclusion.- Similarities and Differences of Claim Construction Criteria Regarding Patent Granting, Post-grant Review and Patent Infringement Procedures.- Patentable Subject Matter.- Full Disclosure.- Amendments beyond Scope.- Ex officio Review in the Reexamination Procedure.- Ex officio Review in the Invalidation Procedure.
